Faulkners Surveyors Specialist Qualified Resident Party Wall in Greenock Surveyors covering Greenock and the Home Counties. Unlike many others, we are full time Resident Party Wall Surveyors carrying out hundreds of Party Wall projects monthly without fault.
What is a party wall in Greenock?
A party wall is a wall that sits directly on the boundary of land in between two (and in som
ecases more) various owners. Fine examples consist of the walls that separate terraced or semi-detached homes– or walls that make up the limit in between 2 gardens (party fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was devised to prevent structure work that might compromise the structural stability of any shared wall (party wall) or adjacent properties. The Party Wall Act can be used to stop disputes between neighbours and to assist resolve them if they need to arise.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall problems.
Do I require a party wall agreement?
If you plan on carrying out any structure work near or on a party wall, a party wall agreement is needed. You should tell your neighbours, supply them with a Party Wall Notice and create a Party Wall Agreement in composing. If you utilize a home builder or a designer then they need to have the ability to recommend you on this, although they will not serve the notification for you.
The following works require you to get a Party Wall Agreement:
- Any work to shared walls (party walls) in between semi-detached and terraced homes.
- Work including shared ‘celebration structures’, such as floors in between flats.
- Work to garden boundary walls.
- Excavation works– or underpinning– to, or close by (within 3-6m), the party wall.
- Loft conversions that suggest cutting into a party wall.
- Inserting a damp proof course into a party wall.
- Making party walls thicker or greater.
- Building a second-storey extension above a shared wall.
- Constructing a brand-new wall approximately or off the party wall.
Which jobs do not need a party wall agreement?
Not all work to party walls requires a party wall agreement. These include small works such as drilling into the wall internally to fit kitchen systems or shelving. Having the wall plastered or adding or changing electrical wiring or sockets will not require a contract either.
What is a party wall notice?
A Party Wall Notice should be given to your neighbours to supply them with notification of the works you intend to perform to the party wall in question, in between 2 months and a year in advance of the work beginning.
Planning approval is not needed to serve a party wall notice and, because you will have up to a year to start work when the notice has actually been served, it is an excellent concept to do this as soon as possible in order to avoid delays. You ought to speak to your neighbours face to face initially prior to serving composed notification in order to reassure them that you are taking the proper path and safety measures. This need to assist you prevent conflicts or misconceptions, and make it possible for a speedy arrangement to be written.
You might also offer your neighbour details of the Party Wall Act to help them comprehend the procedure– point them in the direction of the Party Wall info section on the Federal government’s site.
In order to officially serve notice, you need to write to your affected neighbour( s), including your contact information, comprehensive details of the work that you have planned, the date that work will start, as well as any gain access to requirements over their residential or commercial property (possibly to get materials or devices onto site). In the case of adjacent leasehold homes, you should serve notice to the building’s owners in addition to to the occupant( s) living there.
A handy guide, together with Party Wall Notice design templates can be found on the Federal government’s site here. It is smart to enclose a reply letter and envelope for the neighbours to return and sign– which, if you have spoken to them before sending, need to not come as a surprise.
What takes place when my neighbour gets my Party Wall Notice?
They have a number of alternatives:
- Give authorization in composing.
- Refuse authorization– starting the ‘disagreement resolution procedure’.
- Issue a counter notification, asking for that extra works be performed at the same time (something they will be required to spend for if they will be benefiting from the work, such as repairs to the shared wall).
You need to wait for a reaction– your neighbour ought to let you know, in writing, within 14 days if they consent. The best case circumstance is that they consent to all the works, in writing, indicating you will not require a party wall agreement, which minimizes fees.
A counter notification should be released within a month of your notification. If your neighbours don’t react within the above timescales then the conflict resolution procedure starts.
What occurs if I do not serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not actually a legal offense, not just will you be breaching a ‘statutory duty’ but you also run the risk of needing to pay for damage that wasn’t your fault. Your neighbour could claim their property has been harmed by your work and without any details or evidence of the previous state of the property (which a party wall notice would have given you) there is very little you can do.
The courts tend to take a bad view of failure to serve a party wall notice and you may be bought to spend for repair work which, in reality, might not be your responsibility. In addition, your neighbours could take civil action versus you and have actually an injunction issued to prevent any additional work until a party wall agreement is arranged. This will delay the task and could increase expenses.
My neighbour declined to offer grant my party wall agreement – what occurs next?
If, after serving notice, your neighbour either refuses consent or fails to respond, you are considered to be ‘in dispute.’
You have a few choices here. You might contact your neighbour, listen to their concerns and attempt to come to an agreement you are both delighted with. This is the perfect.
These notices usually request modifications to the work defined, or extra works, or in some cases conditions such as limited working hours. Your neighbour may require to fulfill a share of the expenses of any additional work that they ask for and that will benefit them.
Then you will require to appoint a party wall surveyor, if an arrangement is out of the concern. You might appoint a surveyor to work for both of you, or each designate your own. The property surveyor will arrange a Party Wall Award, setting out details of the work.
The Party Wall Award is a legal file setting out what, how and when work can be performed and who will spend for it (consisting of surveyor’s costs). If you are not delighted with the award, you can appeal versus it at a county court, submitting an ‘appellant’s notification’ to describe why you are releasing an appeal.
Do I require a party wall surveyor?
In many cases individuals discover they do not require the services of a party wall surveyor. There is usually no need to select a property surveyor if your neighbour reacts to your notice giving permission in composing that works can start.
In either case, you are still responsible for making sure any damage caused during the works is repaired. Check the wall with your neighbour before work starts and take and share photos of the wall in order to avoid later disagreements– for instance existing fractures. Some individuals choose to ask a surveyor to perform a condition study at this phase in order to minimise the risk of disputes.
If your neighbour does not allow, you will require a Party Wall Award and, for that reason, a party wall surveyor. Normally you and your neighbour will use simply one property surveyor (a great idea as it suggests only one set of fees).
Fees differ, however on average, a Party Wall Award expenses around ₤ 1,000 in total.
A party wall agreement is required if you prepare on carrying out any structure work near or on a party wall. You need to tell your neighbours, offer them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Not all work to party walls needs a party wall agreement. Planning consent is not required to serve a party wall notice and, since you will have up to a year to begin work once the notice has actually been served, it is an excellent idea to do this as soon as possible in order to avoid hold-ups. Check the wall with your neighbour prior to work starts and take and share images of the wall in order to avoid later disputes– for example existing cracks.
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Learn More about Party Wall
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
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